In Part One of this two-part post, I introduced readers to statistical problems inherent in proving the level of recall reached in a Technology Assisted Review (TAR) project. Specifically, I showed that the confidence intervals around...

Recent advances in Technology Assisted Review (“TAR 2.0”) include the ability to deal with low richness, rolling collections, and flexible inputs in addition to vast improvements in speed. [1] These improvements now allow TAR to be used...

Back in the mid-to-late 1800s, many touted cocaine as a wonder drug, providing not only stimulation but a wonderful feeling of clarity as well. Doctors prescribed the drug in a seven percent solution of water. Although Watson did not....

Measuring Recall in E-Discovery Review: A Tougher Problem Than You Might Realize – Part 1

A critical metric in Technology Assisted Review (TAR) is recall, which is the percentage of relevant documents actually found from the collection. One of the most compelling reasons for using TAR is the promise that a review team can achieve a desired level of recall....

Continuous Active Learning for TechnologyAssisted Review (How it Works and Why itMatters for E-Discovery)

Last month, two of the leading experts on e-discovery, Maura R. Grossman and Gordon V. Cormack, presented a peer-reviewed study on continuous active learning to the annual conference of the Special Interest Group on Information Retrieval...

The Supreme Court of Pennsylvania has adopted new e-discovery rules that expressly distance federal e-discovery jurisprudence and instead emphasize “traditional principles of proportionality under Pennsylvania law.” Notably, the new rules provide that, when weighing proportionality, parties and courts should consider electronic search and sampling technology, among other factors.

A key issue Judge Carter may need to address is one given short shrift in coverage of and commentary on Judge Peck’s opinion. Understandably, most of the commentary focused on the fact that Judge Peck’s opinion marked a milestone — the first judicial opinion to recognize that computer-assisted review is an acceptable way to search for electronically stored information. Continue reading →

Well, Judge Peck did just that. As he hinted during his presentations at LegalTech, this was the first time a court had the opportunity to consider the propriety of computer-assisted coding. Without hesitation, Judge Peck ushered us into the next generation of e-discovery review—people assisted by a friendly robot. That set the e-discovery blogosphere buzzing, as Bob Ambrogi pointed out in an earlier post. Continue reading →

Lawyers and predictive coding are like kids around the swimming hole — no one wants to be the first to dive in for fear the water is cold or it harbors scary creatures. But once someone takes the lead, dives in and declares the water fine, everyone else is quick to follow.

That is why U.S. Magistrate Judge Andrew J. Peck’s opinion published Friday marks a major milestone for the use of predictive coding in e-discovery. It is the first judicial opinion in which a court has expressly approved the use of computer-assisted review. Continue reading →

We all talk all the time about predictive coding, but it is not often that you get perspective on it direct from the battle-scarred trenches of high-stakes litigation. Over at Law Technology News, editor Sean Doherty reports on a recent hearing before U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York in which Judge Peck ordered the parties to adopt a protocol for e-discovery that includes the use of predictive coding. It appears to be the first federal case to formally endorse the use of predictive coding, Doherty writes.

In that decision, Magistrate Judge Mary E. Stanley held that Felman had waived attorney-client privilege by inadvertently producing a smoking-gun email to counsel suggesting that it might be helpful to their insurance claim for business interruption to backdate several orders from clients. If the orders had come in while the machinery in question was under repair, that might provide support for their $38 million dollar insurance claim. You have to love their chutzpa Continue reading →

The article addresses a problem that is becoming more common in e-discovery: As we increasingly rely on search technology to help identify relevant documents and to exclude privileged documents, how can we be assured that our searches are not Continue reading →

Welcome

We are passionate about the role of search in electronic discovery. With digital content growing at an increasing pace, search becomes ever more important and interesting. Our mission is to chronicle the rise of search in the discovery process — from law to technology, techniques and best practices. And to write about other things that interest us as we go along. Search Is The Word >